By Damilola Adeyemo
AKURE – The Ondo State Tribunal sitting in Akure for 2020 governorship election petition has today resumed with Tope Aina, an INEC top official, who testified as an electoral body to open up the defense.
The PDP and its candidate, Eyitayo Jegede who are challenging the return of Oluwarotimi Akeredolu of the APC, had last week Wednesday closed their case without calling their 399 witnesses listed.
At the resumed hearing of the petition, Counsel to INEC, Charles Edosomwan, led the commission’s Director of operations, Tope Aina to a witness box, and adopted his statement on oath.
Counsel to the APC, Lateef Fagbemi, Oluwarotimi Akeredolu and deputy governor-elect Lucky Aiyedatiwa, Chief Akin Olujimi are currently cross-examiners.
The Cross Examination went thus:
Fagbemi, SAN: How long have you been working with INEC?
Witness: Almost 30years
Fagbemi, SAN: A Political party sponsoring a candidate for an election must submit the candidate’s name to INEC.
Witness: Yes
Fagbemi, SAN: For purposes of the governorship election held 10/10/20 APC sponsored 3rd & 4th Respondents?
Witness: Yes
Fagbemi, SAN: By signing Form EC9B from APC, attached to exhibit p21
Witness: Yes
Fagbemi, SAN: Your commission relied on the document?
Witness: Yes
Fagbemi, SAN: It was received by your Commission on the 28th day of July 2020
Witness: Yes
Fagbemi, SAN: Your commission published names of candidates for the 10/10/20 election?
Witness: Yes
Fagbemi, SAN: On the 31st day of July 2020 your commission published the names of its candidates and particulars?
Witness: Yes
Fagbemi, SAN: Part of what was published by your commission was the nomination form together with the CTC referred to as form EC9?
Witness: Yes
Fagbemi, SAN: My lord I wish to tender the receipt obtained by the 3rd & 4th respondents.
Akin Olujimi: My lord no Objection
Edosanmiwan: My lord no objection.
Ikpeazu: My lord we reserve our objection to give our reasons later.
N O Fagbemi: My lord the receipt is exhibit R5 as presented.
Akin Olujimi: No objection.
Edosanmiwan: No objection.
Ikpeazu: My lord we humbly reserve our objection as agreed.
Fagbemi, SAN: The list was published on the 31st of July and 21st of August 2020, at the ward, local, and state government levels, and by extension INEC website?
Witness: Yes
Fagbemi,SAN: Did anyone object or challenge the publication as done by INEC?
Witness: No, nobody objected.
Akin Olujimi: When you answered the last question, you said there was no objection from the petitioner against this publication?
Witness: There was no objection from them.
Akin Olujimi: As the director of operation you were fully involved in the governorship election in Ondo State?
Witness: Correct sir
Akin Olujimi: The petitioner is saying the vote scored by the 3rd & 4th Respondents were wrongly credited, do you agree?
Witness: No I do not agree.
Fagbemi,SAN: The list was published on the 31st of July and 21st of August 2020, at the ward, local and state government levels and by extension INEC website?
Witness: Yes
Fagbemi,SAN: Did anyone object or challenge the publication as done by INEC?
Witness: No, nobody objected.
Akin Olujimi: When you answered the last question, you said there was no objection from the petitioner against this publication?
Witness: There was no objection from them.
Akin Olujimi: As the director of operation you were fully involved in the governorship election in Ondo State?
Witness: Correct sir
Akin Olujimi: The petitioner is saying the vote scored by the 3rd & 4th Respondents were wrongly credited, do you agree?
Witness: No I do not agree.
Akin Olujimi: The first petitioner said even with his 195,791 votes, he scored the majority of the total votes cast?
Witness: Certainly not sir.
Akin Olujimi: Do you confirm that the 10th Oct 2020 governorship election in Ondo State, was conducted by your commission in substantial compliance with the Electoral Act and the Rules and Regulations guiding the conduct of the election?
Witness: Yes sir
Akin Olujimi: From what you also know of that election, can you confirm it was free and fair?
Witness: Yes sir
Akin Olujimi: From the cause of your evidence, you said you have been in INEC for the past 30years, so you should have sufficient experience about party matters affecting registered party and how INEC should relate with them, now there are knowledge that there is nothing wrong with a registered political party appointing a caretaker committee in accordance with his constitution to run his affairs when circumstances make it necessary?
Witness: In as much it is in line with the constitution.
Counsel to the petitioners, Onyechi Ikpeazu also cross-examined the INEC official.
Objection –
Ikpeazu: My lord, Akin Olujimi SAN can’t take the responsibility of the tribunal via his Cross examination.
Akin Olujimi: Are you aware that the PDP In 2016 had a caretaker committee under Alhaji Ahmed Markafi?
Witness: Yes am aware
Akin Olujimi: You are also aware that it was that same caretaker committee hat nominated the 1st petitioner herein as his governorship candidate in 2016?
Witness: Yes am aware
Akin Olujimi: Do you also confirm to my lord that all the statutory nomination form were duly uploaded on the INEC website?
Witness: Yes
Ikpeazu: please witness confirm to the tribunal that Alhaji Markafi that was PDP Caretaker Committee Chairman was not a serving governor as at the time he was serving as the Caretaker Committee Chairman?
Witness: I can’t recall.
Ikpeazu: With all your 30years experience you can’t recall 2016 issue?
Ikpeazu: In sponsoring a candidate, do you know that the party shouldn’t infringe on the 1999 constitution?
Witness: The constitution is superior.
Ikpeazu: Confirm to my lord that INEC has no right that to reject a nomination from a political party on no condition?
Witness: Yes
Ikpeazu: Confirm that INEC is only obligated to publish documents in INEC form and not political party letters?
Witness: I don’t know.
Ikpeazu: Look at exhibit P24, that is binding on INEC?
Witness: Correct
Ikpeazu: Please turn to page 9 of exp24 item 17 a1, the letters of a political party must be signed by his National Chairman and National Secretary?
Witness: Correct
Ikpeazu: From your experience the National Chairman is the Chief Executive of the Party? Take a look at exp21, Gov Mai Mala Buni performed the function of the Chief Executive of the APC ?
Witness: Yes
Ikpeazu: Take a look at E3 B20 they are certified copies of EC8C?
Witness: Yes
Ikepazu: Sir to your knowledge His Excellency Mai Mala Buni is the Governor of which State?
Witness: Yobe state
Edosanmiwan: Please tell the honorable tribunal that it was on the status of the Chairman and Secretary that all the forms were submitted to INEC?
Witness: Yes
Edosanmiwan: My lord at this point I think the 1st Respondent’s witness has acquainted himself well with this proceedings and he has truthfully answered all the questions.
Edosanmiwan: Counsel to the petitioner questioned you about p21 in respect to Mai Mala Buni, and you confirmed that Mai Mala Buni was the Chief Executive of APC?
Witness: Yes
Edosanmiwan: And he was therefore the correct person to sign the B21 form?
Witness: Yes sir
Judge: He is hereby discharged.
The Judge adjourned the sitting till January 20, 2020.
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